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Board split 6–5 on Rachel Tanner appointment to Board of Appeals; debate centers on legal training
Summary
The Board of Supervisors approved Rachel Tanner's appointment to the Board of Appeals by a 6–5 vote after debate about whether a law degree is required for the quasi-judicial panel.
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The San Francisco Board of Supervisors voted 6–5 on Oct. 30 to confirm Rachel Tanner to the five-member Board of Appeals, prompting a debate about whether the panel should include an attorney.
Supervisor Malia Cohen, who nominated Tanner, recommended her based on municipal experience, planning knowledge and nonprofit work. "She is in position to serve on seat 2 for the Board of Appeals," Cohen said, noting Tanner's background as a senior planner and manager of capital projects.
Several supervisors opposed the appointment because Tanner is not an attorney. "This is a quasi-judicial board, and I want to note that the Board of Appeals, which is a remarkably important body, for the first time, will not have one attorney sitting on its board," Supervisor Aaron Peskin said. "The only thing she is lacking is a law degree." Peskin said his concern was the board’s evidentiary and legal responsibilities in reviewing planning decisions.
Supervisor Matt Haney and Supervisor Dean Mandelman also expressed reservations, citing the appeals board’s authority to overturn careful planning commission decisions and arguing the panel benefits from legal expertise.
Supporters pointed to Tanner’s planning credentials, municipal experience and community ties. "She has a master's in city planning, she worked for the Planning Department, and she will execute these responsibilities with dutiful determination," Supervisor Safai said. Cohen added that members of the Board of Supervisors frequently sit in quasi-judicial roles without law degrees and that Tanner would bring demographic and generational diversity to the board.
On the roll call the following supervisors voted yes: Cohen, Safai, Stefani, Tang, Yi and Brown. No votes came from Feuer, Kim, Mandelman, Peskin and Ronan. The resolution to confirm Tanner passed 6–5.
The Board of Appeals reviews appeals of administrative decisions on permits and land-use rulings; its decisions can affect development approvals across the city. Tanner’s appointment fills a seat vacated by an outgoing member and will run through July 1, 2022.
